Bill would give OT pay, break to domestic workers

Critics say measure goes too far; Brown must sign by Sept. 30

Among the Legislature-approved measures awaiting a decision by Gov. Jerry Brown is a bill that would give overtime pay, mandatory rest hours and mealtime breaks for housekeepers, nannies and caregivers.

The Domestic Worker Bill, sponsored by Assemblyman Tom Ammiano, D-San Francisco, would take effect by 2014 if signed into law. Under Assembly Bill 889, the Department of Industrial Relations would set rules on overtime, meal breaks and sleep periods for this group of employees who live and work in private homes. The regulations would not apply to family members or underage baby sitters.

“This bill is very important, because it recognizes that this work needs to be valued, and there are women who are very vulnerable within this industry who need protections just like any other worker,” said Nidya Ramirez, an organizer for the San Diego Day Laborers and Household Workers Association. “They are doing work that is very critical and very central to society, even though it’s almost invisible.”

Critics said the bill goes too far in trying to regulate what has proved successful — more casual and flexible arrangements between working families and domestic workers who take care of children or clean mostly on a part-time basis.

Assemblyman Martin Garrick, R-Carlsbad, voted against the legislation. He was concerned with the expansion of responsibility that would be placed on the Department of Industrial Relations, “especially at a time when we have deficits in our state,” said his chief of staff, Mike Zimmerman.

Garrick and other Republicans also worried “there could be situations where even if you have a contractor or temp agency that hires domestic help, the homeowners could be liable for meal or wage infractions,” Zimmerman said. “That creates a legal cloud and a situation where folks might not want to hire domestic help for fear of lawsuits and it being too costly.”

Brown has until Sept. 30 to render his decision.

There are about 218,000 domestic workers in California, according to estimates based on the 2007-2009 American Community Survey by DataCenter Research for Justice in Oakland. Of those, 92,000 are maids or housekeepers and 76,000 are personal and home-care aides.

The National Labor Relations Act of 1935, which set regulations for disputes between workers and employers, excluded domestic and farm workers. The Fair Labor Standards Act of 1938 governs minimum wages, overtime and days off from work, but it also did not include domestic workers.

If AB 889 is enacted, California would become the second state — after New York — with such a law designated for domestic workers. The measure is backed by organizations such as the AFL-CIO and National Domestic Worker Alliance.